Section 68 — Duration and lapse of an arrest warrant
Statutory text (Thai original)
หมายจับคงใช้ได้อยู่จนกว่าจะจับได้
เว้นแต่ความผิดอาญาตามหมายนั้นขาดอายุความหรือศาลซึ่งออกหมายนั้นได้ถอนหมายคืน
English translation
An arrest warrant remains valid until the arrest is made, except where the criminal offense under the warrant has become time-barred by prescription, or the court that issued the warrant has withdrawn it.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 68 sits in the part of the Code governing arrest warrants and fixes the lifespan of such a warrant. It establishes that a warrant is open-ended in time, running until execution, and identifies the only two events that terminate it: prescription of the offense under the criminal law of limitation, and withdrawal by the issuing court. Because prescription operates by law, courts have read this section as meaning a warrant lapses automatically once the offense is time-barred, without any need for a separate order revoking it. The section works together with the prescription periods in the Penal Code and with the judge's power to issue and refuse arrest warrants.
Why this matters in practice
For a person who believes an old warrant is still hanging over them, the key question is whether the offense has become time-barred: if it has, the warrant is already spent and the arrest that it authorized can no longer lawfully take place. A person who has been detained on a warrant for a stale offense should raise prescription immediately, and anyone facing an outstanding warrant should get the position checked before travelling or dealing with authorities. If you are unsure where you stand, it is worth taking early advice from a lawyer; you can arrange this through an online consultation with a Thai lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 2659/2565 (2022)
A single judge who has power to issue an arrest warrant also has power to consider whether the offense is time-barred and to dismiss the application on that ground, consistent with Section 68.
The Court held that a single judge empowered to issue arrest warrants may, in the same authority, examine whether the offense for which the warrant is sought has already become time-barred. Reading this together with Section 68, dismissing an application for an arrest warrant on the ground of prescription is a lawful exercise of that power and is not an irregular proceeding.
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Supreme Court Judgment No. 10616/2558 (2015)
When the offense under an arrest warrant becomes time-barred, the warrant loses effect from that date, even if the warrant states that it remains valid until arrest.
The offense carried a fifteen-year prescription period. Once that period expired, the Court held that the offense for which the warrant had been sought was time-barred, and under Section 68 the arrest warrant lost its effect from that same date, notwithstanding wording on the warrant that it would remain valid until the person was arrested.
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Supreme Court Judgment No. 6874/2557 (2014)
Once the offense under an arrest warrant is time-barred, the warrant lapses of itself, without any need for a further order revoking it.
Quoting Section 68 in full, the Court held that when the offense under the defendant's arrest warrant had become time-barred, the warrant lapsed automatically and there was no need to revoke it separately. The lower courts were correct to dismiss the defendant's motion, and the defendant's appeal failed.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does an arrest warrant in Thailand expire after a certain number of years?
No. Under Section 68 the warrant itself does not expire with time; it stays valid until the arrest is made. It only ends if the underlying offense becomes time-barred or the issuing court withdraws it.
What happens to an arrest warrant when the offense is time-barred?
The warrant lapses automatically. Courts have held that once prescription runs out, the warrant is spent by operation of law and does not need a separate order to cancel it.
Can a judge refuse to issue an arrest warrant because the case is time-barred?
Yes. A single judge with power to issue arrest warrants may also consider whether the offense is already time-barred and dismiss the request on that ground; doing so is not an irregular proceeding.